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Saturday, February 21, 2026

New rules for seeking asylum in the US: Work permits can be paused for ’14 to 173 years’

The Donald Trump administration Friday announced a sweeping overhaul of the asylum system to reduce the burden of meritless applications. Work permits for asylum applicants could be paused for many years under the proposed rule.

“For too long, a fraudulent asylum claim has been an easy path to working in the United States, overwhelming our immigration system with meritless applications,” said a DHS Spokesperson. “We are proposing an overhaul of the asylum system to enforce the rules and reduce the backlog we inherited from the prior administration. Aliens are not entitled to work while we process their asylum applications. The Trump administration is strengthening the vetting of asylum applicants and restoring integrity to the asylum and work authorization processes.

1.4 million pending asylum claims — entire population of a state

The administration explained the pressure on the system, citing figures. It said USCIS currently has more than 1.4 million pending affirmative asylum claims, which is equal to the entire population of the state of New Hampshire. This rule, if finalized, would reduce the incentive to file frivolous, fraudulent, or otherwise meritless asylum claims by changing filing and eligibility requirements for aliens requesting employment authorization based on a pending asylum application.

What are the new asylum rules?

  • No work permits for new asylum applicants until the average processing times for certain asylum applications reach 180 days or lower.

  • It could take between 14 to 173 years to reach the level to resume issuing work permits.

  • Migrants who entered the US illegally will not get new work permits. They will be exempted only if they inform the US authorities within 48 hours of their entry that they had a fear of persecution that prompted them to cross the border illegally.

  • Under the existing rules, asylum seekers can apply for work authorization after a waiting period of around 150 days.

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